Structured settlement news, information and expert opinion from structured settlement expert John Darer® including settlement planning issues/ ideas, Structured Settlement Watchdog® reports that may be helpful to attorneys, plaintiffs, claims adjusters, judges, the news media, sellers and buyers of structured settlement payment rights and interested others, The style is Informative, irreverent and effective with the occasional sprinkle of well placed snark. By far the most prolific structured settlement blog, Check back daily for something new.

Guide to Structured Settlements 2017

What is a Structured Settlement? How do I get a Structured Settlement?General explanation of structured settlements, including the stable guaranteed income and favorable tax bemefits that give structured settlements their "juice" and a helpful introductory video featuring AM Best recommended structured settlement expert and Registered Settlement Planner John Darer® of 4structures.com® LLC

Rated Ages and Structured SettlementsRated Ages for Structured Settlement Annuities present advantages to all parties. Shift the mortality risk bearing to a life insurance company whose business it it is to assess mortality risk to price its life insurance and annuities. Boost your structured settlement annuity benefit per premium dollar, or your yield, on lifetime payments. Rated ages help to reduce the cost of funding a Medicare Set Aside arrangement where a Structured MSA is being used.

Structured Settlement Annuity Companies 2017Which life insurance companies issue structured settlement annuities in 2017? A list of current structured annuity issuers, the location of their home offices and their financial ratings from A.M. Best, Moodys, Fitch, Standard & Poors, links to their websites and other useful information.

Treasury Funded Structured Settlements Using Treasury Funded Structured Settlements is a settlement option for the most conservative using the OTHER permissible qualified funding asset under IRC 130(d), United States Treasury Bonds in addition to, or instead of, structured settlement annuities. Treasury Funded Structured Settlements can also be used to fund installment sales, also known as structured sales.

Structured Settlement Payments | Types of Structured SettlementsWays You Can Structure Your Settlement Payments. With a structured settlement you can have more than one type of payment in a single contract. Different types of structured settlement payments can be customized and combined to meet your needs on a stand-alone basis, or in conjunction with other financial products. You can also diversify your structured settlement by funding with more than one annuity issuer, with treasury funded structured settlements or with the new index linked structured settlement.

Structured Attorney Fees for Tax Deferral for Contingency FeesStructured attorney fees is a financial strategy that offers a unique way to defer taxes for lawyers and law firms. Lawyers CAN structure their legal fees even if the plaintiff doesn't structure their settlement. In 2016, there are multiple ways to structure your attorney fees, such as the an index linked structured settlement where payments are adjusted based on upside changes in the S&P 500 with no downside and a cap of 5%. Trial Lawyers may also use a special deferred pay/deferred compensation arrangement, if market based returns returns are desired with no cap. Plan NOW for year end! Put structured attorney fee expert John Darer® on your settlement planning team.

Structured Settlement Annuity Company Customer Service Phone NumbersReceiving structured settlement payments from your own structured settlement or a structured settlement that you have inherited? You'll like this huge time saver. Click for a very useful list compiled by 4structures.com® LLC, that includes both current AND former structured settlement annuity issuers and reinsurers. If you have simple bank or beneficiary changes, or if the insurance company that issued the structured annuity has merged, sold or spun off its block of structured annuity business (e.g. Aviva, GE Capital, CNA) or changed its name and you're trying to track them down, here you go! The list is regularly updated. Last update May 2016.

Structured Settlement Quote Lock-Ins | What You Need To KnowWhat does a Structured Settlement Lock-In Mean? How do plaintiffs, defendants and insurers benefit from a structured settlement quote lock in when finalizing a settlement? How does the defendant/insurer/court benefit from using a structured settlement lock-in? Where to be careful when using structured settlement lock ins.

About The Structured Settlement Blog

STRUCTURED SETTLEMENTS 4REAL® Blog IS A POPULAR SOURCE OF NEWS AND INFORMATION ABOUT STRUCTURED SETTLEMENTS, Settlement Planning, Tax Deferral and Deferred Income Planning Solutions and Lawsuit Recovery Management,

with a stable readership that seeks credible structured settlement information and/or opinion about topical issues related to settlement planning, targeted to lawyers, injured persons and their family members, guardians, survivors, judges, magistrates, special masters, mediators, administrators, trust companies, insurance company executives and adjusters, financial advisers settlement professionals, financial professionals, insurance regulators, government leaders, federal and state law enforcement, buyers and sellers of structured settlement payment rights, the news media and other interested parties.
4structures.com LLC established the structured settlement blog in 2005 to fill a need for critical commentary in an under-served.marketplace. The John Darer® authored blog has been among the most prolific, providing fresh structured settlement, settlement planning and litigation recovery management content and commentary regularly. John Darer®, CLU ChFC MSSC RSP CLTC, President of Stamford, CT based 4structures.com, LLC, is an experienced New York City area structured settlement expert, structured settlement broker, Sudden Money® Advisor and Registered Settlement Planner.
WHAT YOU GET here is the straight stuff with a touch of irreverence and humor. We hope you enjoy and find the content to be helpful..
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New York Structured Settlement ExpertUseful information and ideas about structured settlements, settlement planning and litigation recovery managements for New York residents, New York Lawyers and New York judges

New York General Obligations Law §5-1702The New York Structured Settlement Protection Act imposes mandatory requirements on the defendant or the defendant's legal representative when a structured settlement is created (as part of the resolution of a case)

Structured Settlements 4Real Reader Comments

"Thank you so much for giving us your time and leading us in the right path , Thank you, you are a God send , God bless you in all your works" -K April 11, 2017

"Once again, I can't tell you how appreciative I am for your help. In today's day and age, it is rare that you actually find people who are willing to go the extra mile..." -TC May 5, 2015

"I wanted to send you this email to say Happy New Year to you and your family. May God continue to bless you. I am grateful that I had the opportunity to meet you on the phone. I truly thank you for introducing me and my son, (redacted) to (lawyer). It is people like you that God put in the path of my son situation. Thanks a million times! {original on file] 1-2-2015

"John Darer has been nothing but honest,helpful,informative with options, & his
"time" was NEVER an issue!"-Andrew S 8/18/2012

" I wish there were more like you" JG 9-15-2014

In my opinion, John Darer is an excellent consumer advocate in the insurance industry. When I had no one else to turn to after running up against the stone walls of these giant insurance company, John Darer used hours of his own time to investigate my situation. Not only is this an invaluable service to me the consumer but it is also of great value to the insurance industry by providing them consumer feed-back. This allows the insurance companies to correct their faults and move toward greater transparency which improves the overall public image of the insurance industry as a whole" JW 9/4/2014

John, Keep fighting the fight. -NASP member 12-4-2013

John...Thank you for your professional advice-Brandon 11-13-2013

"...Thanks to Mr. Darer's blog and personal pointers I was able to obtain a fair price for the sale of client structured settlement. Therefore, if one has no choice, but to sell their settlement educate yourself first before selling start by reading John's blog" Mr P. 11/17/2012

"I always appreciate when he (John Darer) keeps us informed on regs and rules. No one does it better"- structured settlement industry colleague and reader RY 7/26/2012

"Amen - and continued thanks for your vigilance, John"- RL 8/18/2011

"Thanks for writing these great blogs on your site John! As an individual investor I have learned so much about the secondary market (for annuities, structured settlements, lottery payments, etc.) from your blogs and video series!!!" (6/5/2011)

I have found the intelligent and forthright information on your site a godsend. So much so I have tried in a small way to pass on my findings to others. Please keep up the good work and enhance your well deserved reputation as the authority on this subject- Mike 4/29/2011

John -
I can't thank you enough for bringing this to my attention. In my wildest dreams... PJ-May 12, 2011

John, I love reading your blog! Not only have I found very useful information there, but the comedy is much appreciated! Thanks for talking about "the big pink elephant in the living room" that everyone else ignores!
Thank you again for your help via phone and blog! I really needed to hear what you had to say today! BM 11/23/2010

John—this (video published 11/2010) is a well done piece. I like the way you always stick to the facts-AM

What a wonderful blog you have! I have completely enjoyed reading some of your posts (4/16/2010)

Thank you so very much for discussing my concerns about Symetra, my annuity company. I am amazed that PI attorneys as well as a settlement broker in San Diego, could not answer the simplest questions I had regarding the Safeco/Symetra issue. Your blog/web site is most interesting and informative, and I am grateful you have take on the "watchdog" role!
Thank you so much again (3/25/10)

"Ever Feel Like You're Pissing Up A Rope?" 3/3/10

ThankYou for keeping integrity alive. CS 12/1/09

"Keep up the good work exposing abuses in our industry - our future depends on clients being properly advised."-CD

Just checked out your blog and loved it. Keep up the good and balanced work-DL

"...we have never met but I thoroughly enjoy your web site and blog - excellent material…-PB

"I enjoy your website and its content. Informative and well written"-JC

I heard a radio ad for the Peachtree Settlement Fund as I was driving into work this morning. (San Francisco Bay area.) I decided to check it out on the Internet and came upon your blog. Thank you very much. I do not have a “structured” settlement,

"All the others that I had emailed & have seen on the net were "cash now types" & have no concern of me & just are looking for my $$$. When I came across your site & blog I realized that u are an upstanding guy & are not like others. That's why I emailed"

This was Great. Right On Point-TS

"Other Than John Darer No One Seems To Be Doing Anything"-J

Thanks for your help and also for the good work you do on behalf of our industry-L

"Thank you for being the inspiration that you are and for being a strong advocate for integrity in our business"-KL

"I Commend You On Your Effort To Make a Difference!" -R

"He is a fabulous writer who has a great passion for the structured settlement industry. I commend him on the passion he invokes when he writes on his blog listed above. That type of commitment and passion is hard to find and is rare in this world" -AC

Structured Settlement Best Practices Corner

New York Insurance Advertising law requires the full name of the Insurer to be listed along with the city and state of the principal office. Stating that you represent these fine companies using Insurance company logos without the preceding information are also illegal

When it comes to settlement documents it is the ultimate responsibility of the lawyers or claims adjusters who receive input concerning the structured settlement aspects of the documents to actually read the entire document, exercise independent thought and advise their clients properly

Be aware that financial advisors use of testimonials is prohibited or restricted

Most states require that Testimonials represent the CURRENT opinion of the person who made the testimonial. Be prepared to back it up.

Number of States That Prohibit Payment of QSF expenses by licensed agents and brokers

5
Survey not yet complete.

Insurance and Legal News

Legal Search Engines

Retirement Resources

Structured Advertising That Just Ain't Right

Are Annuitants Getting High on Cash Now "Ecstasy"?Is "cash now" the new "esctasy" ? Sure seemed like it for a while with ubiquitous advertising that dangles "financial cat nip". The problem is that aside from a modest advance, unregulated "cash now pushers" simply cannot DELIVER "cash now" for structured settlements arguably making it fraudulent advertising. Click for a discussion.

Copyright and Trademark Notice

All posts Copyright 4structures.com, LLC 2017. All rights reserved. Ongoing filings have been made with the US Copyright Office. Except for those videos in which John Darer appears or any video advertisements or public service videos appearing on,this blog, no claim is made to videos, music or images in any mashup which are the property of their respective owners

John Darer® is a Registered Trademark of John Darer, Stamford CT. All rights reserved

4structures® and 4structures.com® are Registered Trademarks of 4structures.com LLC. All rights reserved

Structured Settlements 4Real® is a Registered Trademark of 4structures.com LLC. All rights reserved.

Comments and Trackback Policy

Structured Settlements 4Real filters comments and trackbacks to its posts BEFORE allowing them to be published

While spontaneous comments to this blog are welcome and add spice to the interactive nature of blogs, the unscrupulous practice by some to deliver comment spam, to connect all manner of unrelated products to structured settlements, is NOT tolerated by this author and thus necessitates this practice.

Special Needs Blawgs and Resources

Jay J. Sangerman, PLLCA New York and Florida based AV rated estate planning law practice with an emphasis in Supplemental Needs Trusts, which assists attorneys in efficient case settlement though the use of Supplemental Needs Trusts and Special Needs Trusts; and Elder Law

Day Pitney LLP - People - Keith Bradoc GallantBrad's practice includes traditional trust and estate planning and administration, special needs and disabilities planning, planning for same-sex couples and their families, planning for incapacity, and all types of probate litigation.

March 07, 2017

The possibility that an order approving the transfer of structured settlement payments could be vacated has been reasonably foreseeable since January 2002, when a law established by an act of Congress in 2001, creating IRC §5891, imposed an excise tax if a "qualified order" is not obtained.

What is a Qualified Order in Relation to a Transfer of Structured Settlement Payment Rights?

1.QUALIFIED ORDER: For purposes of this section, the term “qualified order” means a final order, judgment, or decree which:

A.finds that the transfer . . .

i.does not contravene any Federal or State statute or the order of any court or responsible administrative authority, and

ii.is in the best interest of the payee, taking into account the welfare and support of the payee’s dependents, and

B.is issued –

i.under the authority of an applicable State statute . . . .

2.APPLICABLE STATE STATUTE: For purposes of this section, the term “applicable State statute” means a statute. . . enacted by

A.the State in which the payee of the structured settlement is domiciled, or

B.if there is no statute described in subparagraph (A), the State in which either the party to the structured settlement (including an assignee under a qualified assignment under section 130) or the person issuing the funding asset for the structured settlement is domiciled or has its principal place of business.

A former employee of Peachtree Settlement Funding was arrested in 2010 for extortion for threatening to expose, upon information and belief, among other things, forum shopping. Three years later a decision filed August 26, 2013 in Settlement Funding, LLC (Peachtree Settlement Funding) v Cathy Brenston, 2013 IL App (4th) 120869, the subject matter of which involved THREE prior transfer orders (June 28,2007; March 31,2008 and April 10, 2008) approved by the Circuit Court of Sangamon County and a petition by the seller, MORE THAN TWO YEARS AFTER these the transfer orders to vacate the Orders on the basis of fraud by the purchaser and the assertion of a legal disability of incompetence, the Illinois Appellate Court reversed a lower court decision denying the petition to vacate

It was known to structured settlement factoring stakeholders in October 2013 that Thomas Rubino, then a paralegal at the New York City personal injury law firm of Paris & Chaikin had falsified structured settlement transfer orders after Paris & Chaikin informed its clients JG Wentworth, Stone Street Capital and Woodbridge Structured Funding. The shenanigans were perpetrated during his employment from July 10, 2010 to October 2013.

Law Professor Advised Caution But Failed to Identify Key Risk to Investors

Yet in January 2014 National Underwriter published an article by Texas A&M law professor Robert Bloink, that not only promoted the mislabeled secondary market annuities (which National Underwriter misfiles under Annuities, Fixed Indexed) as an asset class for financial advisors to recommend to their clients, but also failed to identify transaction risk.

Bloink said "Secondary market annuities are not without risk—interest rates could rise during the annuity’s term and the insurance carrier’s financial health, as always, is critical to the success of the transaction. Because of these risks, and the fact that the market has been an unknown to many until recently, it is important that advisors are fully informed before recommending the strategy to any client".

Arguably transaction risk is a greater risk than insolvency risk and in some cases it's out of your control. Failure to identify reasonably foreseeable transaction risk has been typical of many peddlers of the mislabeled "secondary market annuities" which are derivatives, not annuities. What is both surprising and disappointing to me is that a law professor at a premier educational institution and an insurance industry publication would actually attempt to validate an illegitimate terminology.

"The buyer is depending on the validity of the court order approving the sale of the annuity. The court approving the transaction must have jurisdiction over the assignment of the annuity and the parties involved in the transaction" -Pacific Structured Assets

A Pittsburgh couple invested retirement money in a structured settlement derivative mislabeled as a "secondary market annuity" in 2012. In 2014, the same year that the Bloink article was written they discovered that the court order was procured by fraud and vacated leaving them with nothing to show for their investment, a loss of almost $153,000 plus legal fees incurred since then trying to get money from those who advised or participated in selling them the ill-fated investment. The recent Wall case, is a cautionary tale. The intermediary Altium Group obtained a legal opinion that the transaction was sound but the investor and Altium were both burned by a forgery that was uncovered later.

A December 15, 2014 article published at WealthManagement(dot)com Stan Haithcock (a/k/a "Stan the Annuity Man") is quoted “It’s kind of messy,” he says, noting the market is largely unregulated. “Most (insurance) agents are not qualified to sell them"

Tom Hamlin, of Somerset Wealth Strategies said in the January 2014 National Underwriter article, "Secondary annuities are a safe money strategy that's not too good to be true, just too good to last." Yet less than 3 years later Somerset suspended sales of the structured settlement derivatives, believed to be due to one or more deals acquired for clients from Access Funding. One of those clients who contacted me is a senior from Florida, who recently received notice that payments were suspended due to competing claims. Her deal was consummated about the time the National Underwriter article citing Hamlin was published.

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Why Take a Structured Settlement?

A structured settlement offers guaranteed financial security to accident victims and their families. A structured settlement involves a customized stream of payments, a structured settlement provides long-term stable tax-free income, for a period of years or a lifetime. Unlike other income annuities. a structured annuity can have multiple payment streams to address multiple needs in a single contract.

Stable Income For Life Annuities, Structured Settlements, Deferred Payment Plans, Funding Agreements, Periodic Payment Reinsurance and Other Financial Strategies to Address the Risk of Longevity on Assets

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